Study On The Problems Of The Administrative Execution Of Non-litigious

Administrative Coercion Law comes into force on January1,2012in our country. Article2of the law provides that the term "administrative coercion" as mentioned in this Law includes administrative coercive measures and administrative enforcement. Administrative enforcement can be divided into two ways:one is a way of administrative compulsory enforcement of the administrative organ to implement; second, no administrative compulsory enforcement of an administrative organ applies to the people’s court for execution. Between them, the way of applying to the people’s court for execution of an administrative organ is named as Administrative Execution of Non-litigious or Non-lawsuit Administrative Execution. Non-litigious administrative execution as a part of administrative management in China is very important. It was founded in the beginning of reform and opening-up, and went through the development for nearly thirty years. But because of the way in initial time lacking of theoretical support, and procedures to regulate it in operation process, it still exists many problems in practical application.In this paper, firstly, the author puts forward his own opinion about the concept, characteristics and nature of non-litigious administrative execution by analyzing and summarizing of the scholars views.Secondly, the author elaborates on the legal basis of non-litigious administrative execution. This part is mainly to generalize and conclude the effect of the three theories which is the decentralization balance, right relief and the protection of human rights in the non-litigious administrative execution. Then, the author finds out that the review standard of the people’s court is not clear, the administrative counterparts’remedy is inadequate and the reconciliation causes chaos during the non-litigious administrative execution by analyzing China’s relevant cases and laws. Finally, on the basis of reference to foreign administrative non-litigation practice experience and consolidation theories, the author proposes the measures of the establishment of the implementation of the hearing system, adding to the administrative relative person relief measures and the introduction of the execution reconciliation on Administrative Coercion Law. The author hopes that these measures can make further improve of non-litigious administrative execution the administrative, so as to protect the legitimate rights and interests of the administrative counterparts and prevent the abuse of power.